Malaysia Case Law: Decisions & Judgments

Topic

Inducement to breach contract

Legal area

Court

9 Jan 2026

BLACK SWAN PETROLEUM DMCC CMB.TECH NV

Citation

WA-27NCC-14-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-14-03/2025 (Mahkamah Tinggi)

The claim against CMB. Tech NV was struck out because the statement of claim failed to disclose a reasonable cause of action for conspiracy or inducement of breach: particulars were inadequate, affidavits could not cure pleading defects, there was no pleaded or proven fraud or inequitable conduct to justify piercing the corporate veil, and the proceedings constituted an abuse of process and risked breaching natural justice by not naming the subsidiary Euronav Shipping.
25 Sept 2024

XXXX NAUTICAL SUPREME SDN BHD

Citation

W-02(NCC)(W)-1906-12/2020 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-1906-12/2020 (Mahkamah Rayuan)

The Court upheld the High Court: the pleaded 'collateral understanding' was not proven in light of contemporaneous documents and final Shareholders Agreement; appellant procured and induced a breach of the Shareholders Agreement and dishonestly assisted that breach; the 100,000 NTT shares must be retransferred to AMSB; appellant's appointment as director was valid and independent of the failed collateral understanding.
25 Jul 2023

ABDULLAH BIN MUHAMMAD 1. ) SITI ZAINAB BINTI MUSA 2. ) ANUAR BIN ABDULLAH 3. ) Abdullah Bin Harun

Citation

DA-22NCvC-68-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-68-12/2019 (Mahkamah Tinggi)

The court found on the balance of probabilities the 29/10/2018 agreement remained valid; plaintiff was ready, willing and able to perform and damages were inadequate for land; specific performance ordered against Defendant 1 to transfer the 2/3 undivided share upon payment of RM23,000; Defendant 3 was not liable for inducing breach as no unlawful means, conspiracy or special damage proven.
11 Nov 2022

IPI SDN BHD 1. ) IPI GRAPHIC SYSTEMS SDN BHD 2. ) HENTRY VIENSION A/L A. MUNIANDY 3. ) TAN LAY KAH 4. ) DANIEL A/L MUTHUSAMY 5. ) CHONG HIN YOON

Citation

BL-22NCvC-8-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-8-04/2022 (Mahkamah Tinggi)

Claims against defendants 2–5 were struck out because the statement of claim failed to plead facts sufficient to hold the directors personally liable or to justify lifting the corporate veil; plaintiffs attempted to introduce essential factual allegations via affidavit rather than pleadings; emails relied on did not prima facie show mala fide conduct; the pleaded case against those defendants disclosed no sustainable cause of action and constituted an abuse of process, justifying strike out under Order 18 r19(1)(b),(c) and (d).
26 Jan 2022

DCN DIVING PACIFIC LTE LTD 1. AHMAD FAIZAL BIN OTHMAN 2. BAZALANUL' AZAM BIN YUSOF 3. KHAIRUL ARIF BIN AHMAD KHALIL 4. RUHM MARINE SDN BHD 5. RUHM HOLDINGS SDN BHD

Citation

WA-22NCVC-668-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-668-10/2021 (Mahkamah Tinggi)

The defendants failed to discharge the burden of showing circumstances justifying security for costs under Order 23 r.1; foreign registration and asserted complexity are insufficient, and the requested combined RM1,000,000 was oppressive and unlikely to reflect actual costs, therefore the applications for security were dismissed.
30 Dec 2019

TELEKOM MALAYSIA BERHAD & 1 LAGI CA MULTIMEDIA SDN BHD & 4 LAGI

Citation

WA-22IP50-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP50-10/2018 (Mahkamah Tinggi)

On the facts the defendants used the identical TMPOINT mark and www.tmpoint.com domain in the course of trade without authorization and contrary to the Agreement and Additional Terms; such use was within the scope of the Plaintiff’s trade mark registration and was likely to deceive or confuse consumers and to exploit Plaintiffs' goodwill; the domain was used/registered in bad faith post-termination; consequently Plaintiffs proved breach of contract, trade mark infringement, passing off and passing off of the domain, entitling them to transfer of the domain, injunction and account/inquiry into…

Malaysia Case Law

BLACK SWAN PETROLEUM DMCC CMB.TECH NV

XXXX NAUTICAL SUPREME SDN BHD

ABDULLAH BIN MUHAMMAD 1. ) SITI ZAINAB BINTI MUSA 2. ) ANUAR BIN ABDULLAH 3. ) Abdullah Bin Harun

IPI SDN BHD 1. ) IPI GRAPHIC SYSTEMS SDN BHD 2. ) HENTRY VIENSION A/L A. MUNIANDY 3. ) TAN LAY KAH 4. ) DANIEL A/L MUTHUSAMY 5. ) CHONG HIN YOON

DCN DIVING PACIFIC LTE LTD 1. AHMAD FAIZAL BIN OTHMAN 2. BAZALANUL' AZAM BIN YUSOF 3. KHAIRUL ARIF BIN AHMAD KHALIL 4. RUHM MARINE SDN BHD 5. RUHM HOLDINGS SDN BHD

TELEKOM MALAYSIA BERHAD & 1 LAGI CA MULTIMEDIA SDN BHD & 4 LAGI